§195-4 Powers and duties of the department.

458 words·~2 min read·/hi/chapter-195/195-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)To preserve, manage, and protect the reserves system, the department is authorized, in addition to any other powers, to:

(1)Designate and bring under its control and management, as part of the reserves system, any areas as follows:

(A)State owned land under the jurisdiction of the department may be set aside as a natural area reserve by resolution of the department, subject to the approval of the governor by executive order setting the land aside for that purpose;

(B)New natural area reserves may be established:

(i)By gift, devise, grant, reimbursement to cooperators, exchange, or purchase of land or any interest therein, including, but not limited to, conservation easements;

(ii)By eminent domain pursuant to chapter 101; or

(iii)By the setting aside of state owned land for that purpose by the governor, as provided in section 171-11;

(2)Cooperate or contract with any federal, state, or county governmental agency, quasi-governmental agency, private organization, or individual in carrying out the purpose of this chapter;

(3)Acquire by gift, devise, grant, or donation any personal property to be used in the acquisition or management, or both, of natural area reserves;

(4)Implement, after consultation with the commission and based on the most comprehensive up-to-date compilation of scientific data, the acquisition, management, protection, and use of natural area reserves; and

(5)Prepare and take the necessary steps to implement the management plan set forth in section 195-11.

(b)The department, with at least twenty days public notice, shall conduct one or more public hearings before terminating state funding for a management plan approved by the board under the natural area partnership program, requesting the governor to revoke or modify an executive order that sets aside lands for the reserves system, or prior to the designation of the following types of lands into the reserves system:

(1)State lands under the jurisdiction of the department;

(2)State lands that are removed from other uses or modified by the governor through an executive order that sets aside land for the natural area reserves system;

(3)Lands acquired by eminent domain pursuant to chapter 101; and

(4)State lands proposed by the governor for inclusion into the reserves system, as provided in section 171-11.

The notice shall be given in the county where the proposed natural area reserve or natural area partnership is located and also statewide. The notice shall contain, but not be limited to, the time and place of the hearing, the location of the land, and the proposed changes. [L 1970, c 139, pt of §1; am L 1987, c 350, §3; am L 1991, c 326, §3; am L 1992, c 180, §1; am L 1998, c 2, §52]